[Congressional Record Volume 171, Number 23 (Tuesday, February 4, 2025)]
[House]
[Pages H447-H449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EASTERN BAND OF CHEROKEE HISTORIC LANDS REACQUISITION ACT
Mr. WESTERMAN. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 226) to take certain Federal lands in Tennessee into
trust for the benefit of the Eastern Band of Cherokee Indians.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 226
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Band of Cherokee
Historic Lands Reacquisition Act''.
SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND OF
CHEROKEE INDIANS.
(a) Lands Into Trust.--Subject to such rights of record as
may be vested in third parties to rights-of-way or other
easements or rights-of-record for roads, utilities, or other
purposes, the following Federal lands managed by the
Tennessee Valley Authority and located on or above the 820-
foot (MSL) contour elevation in Monroe County, Tennessee, on
the shores of Tellico Reservoir, are declared to be held in
trust by the United States for the use and benefit of the
Eastern Band of Cherokee Indians:
(1) Sequoyah museum property.--Approximately 46.0 acres of
land generally depicted as ``Sequoyah Museum'', ``Parcel 1'',
and ``Parcel 2'' on the map titled ``Eastern Band of Cherokee
Historic Lands Reacquisition Map 1'' and dated April 30,
2015.
(2) Support property.--Approximately 11.9 acres of land
generally depicted as ``Support Parcel'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map
2'' and dated April 30, 2015.
(3) Chota memorial property and tanasi memorial property.--
Approximately 18.2 acres of land generally depicted as
``Chota Memorial 1'' and ``Tanasi Memorial'' on the map
titled ``Eastern Band of Cherokee Historic Lands
Reacquisition Map 3'' and dated April 30, 2015, and including
the Chota Memorial and all land within a circle with a radius
of 86 feet measured from the center of the Chota Memorial
without regard to the elevation of the land within the
circle.
(b) Property on Lands.--In addition to the land taken into
trust by subsection (a), the improvements on and
appurtenances thereto, including memorials, are and shall
remain the property of the Eastern Band of Cherokee Indians.
(c) Revised Maps.--Not later than 1 year after the date of
a land transaction made pursuant to this section, the
Tennessee Valley Authority, after consultation with the
Eastern Band of Cherokee Indians and the Secretary of the
Interior, shall submit revised maps that depict the land
taken into trust under this section, including any
corrections made to the maps described in this section to the
Committee on Natural Resources of the House of
Representatives and the Committee on Indian Affairs of the
Senate.
(d) Contour Elevation Clarification.--The contour
elevations referred to in this Act are based on MSL Datum as
established by the NGS Southeastern Supplementary Adjustment
of 1936 (NGVD29).
(e) Conditions.--The lands taken into trust under this
section shall be subject to the conditions described in
section 5.
SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR THE EASTERN
BAND OF CHEROKEE INDIANS.
(a) Permanent Easements.--The following permanent easements
for land below the 820-foot (MSL) contour elevation for the
following Federal lands in Monroe County, Tennessee, on the
shores of Tellico Reservoir, are declared to be held in trust
by the United States for the benefit of the Eastern Band of
Cherokee Indians:
(1) Chota peninsula.--Approximately 8.5 acres of land
generally depicted as ``Chota Memorial 2'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map
3'' and dated April 30, 2015.
(2) Chota-tanasi trail.--Approximately 11.4 acres of land
generally depicted as ``Chota-Tanasi Trail'' on the map
titled ``Eastern Band of Cherokee Historic Lands
Reacquisition Map 3'' and dated April 30, 2015.
(b) Revised Maps.--Not later than 1 year after the date of
a land transaction made pursuant to this section, the
Tennessee Valley Authority, after consultation with the
Eastern Band of Cherokee Indians and the Secretary of the
Interior, shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Indian
Affairs of the Senate revised maps that depict the lands
subject to easements taken into trust under this section,
including any corrections necessary to the maps described in
this section.
(c) Conditions.--The lands subject to easements taken into
trust under this section shall be subject to the use rights
and conditions described in section 5.
SEC. 4. TRUST ADMINISTRATION AND PURPOSES.
(a) Applicable Laws.--Except as described in section 5, the
lands subject to this Act shall be administered under the
laws and regulations generally applicable to lands and
interests in lands held in trust on behalf of Indian tribes.
(b) Use of Land.--Except the lands described in section
2(a)(2), the lands subject to this Act shall be used
principally for memorializing and interpreting the history
and culture of Indians and recreational activities, including
management, operation, and conduct of programs of and for--
(1) the Sequoyah birthplace memorial and museum;
(2) the memorials to Chota and Tanasi as former capitals of
the Cherokees;
(3) the memorial and place of reinterment for remains of
the Eastern Band of Cherokee Indians and other Cherokee
tribes, including those transferred to the Eastern Band of
Cherokee Indians and other Cherokee tribes and those human
remains and cultural items transferred by the Tennessee
Valley Authority to those Cherokee tribes under the Native
American Graves Protection and Repatriation Act (25 U.S.C.
3001 et seq.); and
(4) interpreting the Trail of Tears National Historic
Trail.
(c) Use of Support Property.--The land described in section
2(a)(2) shall be used principally for the support of lands
subject to this Act and the programs offered by the Tribe
relating to such lands and their purposes including--
(1) classrooms and conference rooms;
(2) cultural interpretation and education programs;
(3) temporary housing of guests participating in such
programs or the management of the properties and programs;
and
(4) headquarters offices and support space for the trust
properties and programs.
(d) Land Use.--The principal purposes of the use of the
land described in section 3(a)--
(1) paragraph (1), shall be for a recreational trail from
the general vicinity of the parking lot to the area of the
Chota Memorial and beyond to the southern portion of the
peninsula, including interpretive signs, benches, and other
compatible improvements; and
(2) paragraph (2), shall be for a recreational trail
between the Chota and Tanasi Memorials, including
interpretive signs, benches, and other compatible
improvements.
SEC. 5. USE RIGHTS, CONDITIONS.
(a) Flooding of Land and Roads.--The Tennessee Valley
Authority may temporarily and intermittently flood the lands
subject to this Act that lie below the 824-foot (MSL) contour
elevation and the road access to such lands that lie below
the 824-foot (MSL) contour elevation.
(b) Facilities and Structures.--The Eastern Band of
Cherokee Indians may construct, own, operate, and maintain--
(1) water use facilities and nonhabitable structures,
facilities, and improvements not subject to serious damage if
temporarily flooded on the land adjoining the Tellico
Reservoir side of the lands subject to this Act that lie
between the 815-foot and 820-foot (MSL) contour elevations,
but only after having received written consent from the
Tennessee Valley Authority and subject to the terms of such
approval; and
(2) water use facilities between the 815-foot (MSL) contour
elevations on the Tellico Reservoir side of the lands subject
to this Act and the adjacent waters of Tellico Reservoir and
in and on such waters after having received written consent
from the Tennessee Valley Authority and subject to the terms
of such approval, but may not construct, own, operate, or
maintain other nonhabitable structures, facilities, and
improvements on such lands.
(c) Ingress and Egress.--The Eastern Band of Cherokee
Indians may use the lands subject to this Act and Tellico
Reservoir for ingress and egress to and from such land and
the waters of the Tellico Reservoir and to and from all
structures, facilities, and improvements maintained in, on,
or over such land or waters.
(d) River Control and Development.--The use rights under
this section may not be exercised so as to interfere in any
way with the Tennessee Valley Authority's statutory program
for river control and development.
(e) TVA Authorities.--Nothing in this Act shall be
construed to affect the right of the Tennessee Valley
Authority to--
(1) draw down Tellico Reservoir;
(2) fluctuate the water level thereof as may be necessary
for its management of the Reservoir; or
(3) permanently flood lands adjacent to lands subject to
this Act that lie below the 815-foot (MSL) contour elevation.
(f) Right of Entry.--The lands subject to this Act shall be
subject to a reasonable right of entry by the personnel of
the Tennessee Valley Authority and agents of the Tennessee
Valley Authority operating in their official capacities as
necessary for purposes of carrying out the Tennessee Valley
Authority's statutory program for river control and
development.
(g) Entry Onto Land.--To the extent that the Tennessee
Valley Authority's operations on the lands subject to this
Act do not unreasonably interfere with the Eastern Band of
Cherokee Indians' maintenance of an appropriate setting for
the memorialization of Cherokee history or culture on the
lands and its operations on the lands, the Eastern Band of
Cherokee Indians shall allow the Tennessee Valley Authority
to enter the lands to clear, ditch, dredge, and drain said
lands
[[Page H448]]
and apply larvicides and chemicals thereon or to conduct bank
protection work and erect structures necessary in the
promotion and furtherance of public health, flood control,
and navigation.
(h) Loss of Hydropower Capacity.--All future development of
the lands subject to this Act shall be subject to
compensation to the Tennessee Valley Authority for loss of
hydropower capacity as provided in the Tennessee Valley
Authority Flood Control Storage Loss Guideline, unless agreed
to otherwise by the Tennessee Valley Authority.
(i) Protection From Liability.--The United States shall not
be liable for any loss or damage resulting from--
(1) the temporary and intermittent flooding of lands
subject to this Act;
(2) the permanent flooding of adjacent lands as provided in
this section;
(3) wave action in Tellico Reservoir; or
(4) fluctuation of water levels for purposes of managing
Tellico Reservoir.
(j) Continuing Responsibilities.--The Tennessee Valley
Authority shall--
(1) retain sole and exclusive Federal responsibility and
liability to fund and implement any environmental remediation
requirements that are required under applicable Federal or
State law for any land or interest in land to be taken into
trust under this Act, as well as the assessments under
paragraph (2) to identify the type and quantity of any
potential hazardous substances on the lands;
(2) prior to the acquisition in trust, carry out an
assessment and notify the Secretary of the Interior and the
Eastern Band of Cherokee Indians whether any hazardous
substances were stored on the lands and, if so, whether those
substances--
(A) were stored for 1 year or more on the lands;
(B) were known to have been released on the lands; or
(C) were known to have been disposed of on the lands; and
(3) if the assessment under paragraph (2) shows that
hazardous substances were stored, released, or disposed of on
the lands, include in its notice under paragraph (2) to the
Secretary of the Interior and the Eastern Band of Cherokee
Indians--
(A) the type and quantity of such hazardous substances;
(B) the time at which such storage, release, or disposal
took place on the lands; and
(C) a description of any remedial actions, if any, taken on
the lands.
SEC. 6. LANDS SUBJECT TO THE ACT.
For the purposes of this Act, the term ``lands subject to
this Act'' means lands and interests in lands (including
easements) taken into trust for the benefit of the Eastern
Band of Cherokee Indians pursuant to or under this Act.
SEC. 7. GAMING PROHIBITION.
No class II or class III gaming, as defined in the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), shall be
conducted on lands subject to this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Arizona (Ms. Ansari)
each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Madam Speaker, I ask unanimous consent that all
Members be given 5 legislative days to revise and extend their remarks
and to include extraneous material on H.R. 226, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 226, the Eastern Band of
Cherokee Historic Lands Reacquisition Act, introduced by my friend from
Tennessee, Congressman Fleischmann.
H.R. 226 places approximately 96 acres of Tennessee Valley Authority
land and permanent easements along the shores of the Little Tennessee
River and Tellico Reservoir in Monroe County, Tennessee, into trust for
the benefit of the Eastern Band of Cherokee Indians.
These areas include the Sequoyah Birthplace Museum, the Chota
Memorial, the Tanasi Memorial, and lands to support these properties
and cultural programs.
The parcels placed into trust under the bill will be used to
memorialize and interpret the history of the Eastern Band of Cherokee
Indians.
The Eastern Band of Cherokee Indians is one of three federally
recognized Cherokee Tribes. Their ancestral homeland includes
substantial parts of seven eastern States, including Tennessee, and the
57,000-acre Qualla Boundary Cherokee Indian Reservation in North
Carolina.
In 1979 after the TVA completed the Tellico Dam, the Tribe approached
the TVA about lands that were historically significant to the Tribe and
impacted by the dam. In 1984 and 1986, the Tribe and the TVA reached an
informal agreement that allowed the Tribe to manage two easements,
including the Sequoyah Birthplace Museum.
H.R. 226 helps this cause by transferring approximately 76 acres of
historically significant lands from the TVA to the U.S. Government to
be held in trust for the Eastern Band of Cherokee Indians.
It also creates two permanent easements over TVA property, held in
trust for the Tribe, to create recreational trails between the sites.
{time} 1630
This legislation will give the Eastern Band greater control over the
historic homelands and the opportunity to memorialize the history and
culture of the Cherokee people.
Pursuant to the Indian Gaming Regulatory Act, gaming will be
prohibited on the land. The bill also ensures that the TVA will be able
to continue its river control and development activities to power the
Tennessee Valley region.
Madam Speaker, I urge adoption of the measure and commend the
gentleman from Tennessee (Mr. Fleischmann) for his continued work on
this important legislation, and I reserve the balance of my time.
Ms. ANSARI. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of the Eastern Band of Cherokee
Historic Lands Reacquisition Act introduced by Representative
Fleischmann of Tennessee.
This bill would place specified lands and easements in Monroe County,
Tennessee, into trust for the benefit of the Eastern Band of Cherokee
Indians. These lands include the Sequoyah Museum, the Chota Memorial,
the Tanasi Memorial, and land that supports these properties and the
Tribe's cultural programs.
The Eastern Band of Cherokee Indians, one of three federally
recognized Cherokee Tribes and the only federally recognized Tribe in
North Carolina, has ancestral homelands spanning across seven Eastern
States, including Tennessee.
In 1979, the construction of the Tellico Dam by the Tennessee Valley
Authority, or TVA, flooded large portions of the Tribe's ancestral
lands along the Little Tennessee River, submerging sacred sites and
archeological remains. Among the losses were the historic Overhill
Cherokee towns, which served as the Cherokee capitals during the 1700s.
While the Eastern Band can never reclaim the land and sacred sites
lost to flooding, other historically significant locations in the
region remain in need of protection and preservation.
This bill would address this critical need by transferring
approximately 76 acres of culturally significant lands from the TVA to
the U.S. Government to be held in trust for the Eastern Band of
Cherokee Indians.
The bill would also establish two permanent easements over TVA
property to be held in trust for the Tribe, facilitating the creation
of recreational trails that will be between these important sites.
Passing this legislation would grant the Eastern Band of Cherokee
Indians greater control over their historic homelands, enabling them to
preserve and honor their rich history and culture. It would represent
an essential step toward safeguarding these culturally significant
sites for future generations.
I do remind my colleagues, though, that these kinds of land
arrangements don't happen by magic when we pass a bill like this one.
Even if this bill becomes law, we will need actual staffing in the
executive branch to carry it out. Unfortunately, in the past week, we
have already seen basic government functions halted or put at risk from
reckless orders to freeze spending, fire or place government workers on
administrative leave, and more. These orders are, in many cases,
unconstitutional and illegal.
Madam Speaker, I urge my colleagues to vote ``yes'' on this bill, but
I also urge them to join Democrats in calling for an end to the
paralyzing chaos we have been seeing from the White House.
Madam Speaker, I reserve the balance of my time.
[[Page H449]]
Mr. WESTERMAN. Madam Speaker, I yield 5 minutes to the gentleman from
Tennessee (Mr. Fleischmann), the lead sponsor of the bill.
Mr. FLEISCHMANN. Madam Speaker, I rise in support of H.R. 226, the
Eastern Band of Cherokee Historic Lands Reacquisition Act. I thank the
chairman and the ranking member for their kind words in support of this
bill.
Madam Speaker, this legislation has passed this House four times and
must pass again today. It needs to go to the United States Senate, and
it needs to go to President Trump's desk for signature.
It has been far too long. The Eastern Band of Cherokee have been
waiting and had a lot of promises made to them over the years, which
have been broken.
This is a great bill for America, and it is a great bill that will
honor our wonderful Eastern Band of Cherokee. In my home State, the
great State of Tennessee, it takes its name from Tanasi, a historic
Overhill Cherokee settlement in present-day Monroe County, Tennessee,
in the Third District of Tennessee, which I am privileged to represent.
Tanasi served as the Cherokee capital as early as 1721.
Unfortunately, due to misguided Federal policies, the Cherokee were
forced from their homes in Tennessee and surrounding States. This
tragic period in American history led to the Trail of Tears, a journey
in which 15,000 Cherokees were forcibly marched to the Indian
territory.
My bill returns important historic sites back to the Eastern Band of
Cherokee Indians, the Tribal Nation comprised of descendants of those
Cherokees who resisted removal in the Great Smoky Mountains and escaped
the Trail of Tears.
It is on these same lands where the Eastern Band of Cherokees have,
for decades, honored the birthplace of Sequoyah, whose likeness we all
in this House have the opportunity to pass as we make our way from the
rotunda in our Capitol to the House floor.
Let me be clear. My bill, the Eastern Band of Cherokee Historic Lands
Reacquisition Act, is limited and targeted. It restores 76.1 acres of
federally owned Tennessee Valley Authority land to the Eastern Band of
Cherokees and will grant two permanent easements over TVA property to
be held in trust for the Tribe to create recreational trails between
the sites.
Madam Speaker, this is about honoring history and keeping our
promises. I strongly urge Members of both Chambers to understand the
importance of the Cherokee Tribal land preservation and support H.R.
226 so it may be brought to President Trump's desk promptly.
Mr. WESTERMAN. Madam Speaker, I have no further requests for time. I
am prepared to close, and I reserve the balance of my time.
Ms. ANSARI. Madam Speaker, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, H.R. 226 is a commonsense bill that facilitates
greater control for the Eastern Band of Cherokee over their sacred and
historic homelands in Tennessee. It ensures the protection of their
timeless heritage, culture, and tradition and allows them to
memorialize the history and culture of the Cherokee people.
This Tribe has worked with the Tennessee Valley Authority for over
three decades on this issue, and this legislation is long overdue.
I will echo the words of my colleague, the gentleman from Tennessee
(Mr. Fleischmann), and say that the Senate needs to take this bill up
and act on it when we pass it again.
Madam Speaker, I thank Mr. Fleischmann for his leadership on the
matter. I urge my colleagues to support this bill, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 226.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________